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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 STRIKE 3 HOLDINGS, LLC, Case No.: 3:20-cv-08362-AGT 11 Plaintiff, [PROPOSED] ORDER ON EX PARTE 12 APPLICATION FOR LEAVE TO vs. SERVE THIRD PARTY SUBPOENA 13 PRIOR TO A RULE 26(f) JOHN DOE subscriber assigned IP address CONFERENCE 14 107.199.77.48, [AS MODIFIED] 15 Defendant. 16

17 THIS CAUSE came before the Court upon Plaintiff’s Ex Parte Application for Leave to 18 Serve a Third-Party Subpoena Prior to a Federal Rule of Civil Procedure 26(f) Conference (the 19 “Application”), and the Court being duly advised does hereby: 20

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FIND, ORDER AND ADJUDGE:

22 1. Plaintiff has established that “good cause” exists for it to serve a third party 23 subpoena on AT&T U-verse (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008 24 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6– 25 7 (D.D.C. 2008); 26 27 1 1 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to 2 provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 3 IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such 4 subpoena a copy of this Order; 5 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 6 service provider that is identified in response to a subpoena as a provider of Internet services to 7 one of the Defendants; 8 4. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), 9 which states: 10 the term “cable operator” means any person or group of persons 11 (A) who provides cable service over a cable system and directly or through one 12 or more affiliates owns a significant interest in such cable system, or 13 (B) who otherwise controls or is responsible for, through any arrangement, the 14 management and operation of such a cable system. 15 it shall comply with 47 U.S.C. § 551(c)(2)(B), which states: 16 A cable operator may disclose such [personal identifying] information if the 17 disclosure is . . . made pursuant to a court order authorizing such disclosure, if 18 the subscriber is notified of such order by the person to whom the order is 19 directed. 20 by sending a copy of this Order to the Defendant; and 21 5. Plaintiff may only use the information disclosed in response to a Rule 45 22 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set 23 forth in its Complaint. 24 6. [Modified] Any information disclosed by the ISP regarding Defendant’s identity 25 shall be treated as confidential. 26 / / 27 2 ] IT IS SO ORDERED. 2 || Dated: January 12, 2021 By: _ff ) tates Magistraté Judge 3 Hon. Alex G. Tse 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fPrepesed} Order on Application for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference [AS MODIFIED]